The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25446 of 2024 Rajesh Kumar Lenka ..... Petitioner State of Odisha and others -versus- ..... Represented by Ms. Usharani Pati, Advocate Opposite Parties Represented by A.G.A. CORAM: JUSTICE SASHIKANTA MISHRA
Decision
Order No. ORDER 08.10.2024. 01. 1. This matter is taken up through hybrid mode. 2. This matter was not in the today’s list. On being mentioned, it was taken up having regard to the urgency involved as per the Special Notice published by the Registry. 3. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Page 1 of 6 // 2 // 4. Being aggrieved by rejection of his representation as per order dated 30.9.2024 passed by the Odisha Public Service Commission, the Petitioner has approached this Court with the following prayer; to direct “It is therefore prayed that this Hon’ble Court may graciously be this writ allow pleased application the and Opp.parties for scrutiny the Answer Book of OCS Main Examination paper as all answers given by the petitioner may not be examined by the examiner or there may be a mistake in totaling on cover page of the answer book (especially English Essay Paper) of O.C.S. Exam 2022 held on the month of 25.02.2024 to 03.03.2024 within a stipulated period and further be pleased to observe a post and the grievance of the petitioner may be taken into consideration on the priority for the above post until final disposal of the writ petition in the interest of justice; And for which act of kindness, the petitioner shall as in duty bound ever pray.” in 5. The facts of the case, briefly stated, are that the Petitioner had appeared in the Odisha Civil Services Main Examination held in the year 2024, the result of which was published on 28.1.2024. After going Page 2 of 6 // 3 // through the result, the Petitioner felt that proper marks had not been allotted against his answers. As such, he approached this Court in W.P.(C) No.22258/24, which was disposed of on 06.9.2024 directing the OPSC to consider the representation of the Petitioner for re-checking/re-evaluation of the answer sheets. Pursuant to such order, the OPSC vide order dated 30.9.2024, has rejected the representation, inter alia, holding as follows; resolved the Commission has “And whereas, already its Notice No.- 1009/PSC, dated- 27.6.2017 that, “As per ruling of the Hon’ble Supreme Court of India in the case of Pramod Kumar Shrivastava vs. Chairman, Bihar PSC, Patna and others (vide Civil Appeal No.5046 of 2004) decided on 6.8.2004, there shall be no re-evaluation/no re- checking of Answer Scripts of any examination conducted by the Odisha Public Service Commission. Thus, for re- request of the answer evaluation/re-checking of scripts/answer books relating the to Examinations conducted by the OPSC shall not be entertained.” the candidates 6. Learned counsel for the Petitioner, referring to the judgment passed in Pramod Kumar Shrivastava (supra) submits that it has been held that the answer books can be scrutinized for the purpose of checking whether all the answers given by a candidate have Page 3 of 6 // 4 // been examined and whether there has been any mistake in the totaling of marks of each question. He has referred to the observations of the Supreme Court in Paragraph-7 of the Judgment, which is quoted herein below; for the respondents in person and for consideration “We have heard the appellant (writ- learned petitioner) counsel at considerable length. The main question which arises is whether the learned Single Judge was justified in directing re-evaluation of the answer book of the appellant in General Science paper.Under the relevant rules of the Commission, there is no provision wherein a candidate may be entitled to ask for evaluation of his answer-book. There is a provision for scrutiny only wherein the answer books are seen for the purpose of checking whether all the answers given by a candidate have been examined and whether there has been any mistake in the totaling of marks of each question and noting them correctly on the first cover page of the answer-book. There is no dispute that after scrutiny no mistake was found in the marks awarded to the appellant in the General Science paper. In the absence of any provision for re- the evaluation of answer-books relevant rules, no candidate in an examination right whatsoever to claim or ask for re- evaluation of his marks. This question was examined in considerable detail in Maharashtra State Board of Secondary any has got in Page 4 of 6 // 5 // may demand this case, the answer-books as and Higher Secondary Education and Anr. v. Paritosh Bhupesh Kurmarsheth : and Ors., MANU/SC/0055/1984 [1985]1SCR29. the In relevant rules provided for verification (scrutiny of marks) on an application made to that effect by a candidate. Some of the students filed writ petitions praying that they may be allowed to inspect the answer-books and the Board be directed to conduct re-evaluation of the such of petitioners after inspection. The High Court held that the rule providing for verification of marks gave an implied power to the examinees to demand a disclosure and inspection and also to seek re-evaluation of the answer books. The judgment of the High Court was set aside and it was held that in absence of a specific provision conferring a right upon an examinee to have his answer-books reevaluated, no such direction can be issued. There is no dispute that under the relevant rule of the Commission there is no provision to" have his entitling a candidate answer books re-evaluated. In such a situation, the appellant in the writ petition was wholly untenable and the learned Single Judge had clearly erred in having the answer- book of the appellant re-evaluated.” the prayer made by No rule has been placed before this Court as regards re-valuation/re-checking of answer sheets as also relating to scrutiny. Page 5 of 6 // 6 // 7. Be that as it may, since it is submitted that the result of the examination is due to be published on 12th of this month, the Writ Petition is disposed of directing the Secretary of Odisha Public Service Commission, Cuttack, to consider if the rules permit scrutiny of the answer sheets for the purpose indicated in the judgment of the Supreme Court quoted above. The Secretary shall act upon certified copy of this order and consider and dispose of the representation of the Petitioner afresh in the light of the observations of the Supreme Court quoted above before 12th of this month. 8. It is needless to mention that if the rules permit scrutiny of the answer sheets, the same shall be allowed. 9. The Writ Petition is accordingly, disposed of. 10. Urgent certified copy of this order be granted on proper application in course of the day. (Sashikanta Mishra) Judge AKB Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Oct-2024 17:48:28 Page 6 of 6